Nixon Administrations - Nixon and the Judiciary

Nixon and the Judiciary

When Nixon became president in 1969, the nine members of the Supreme Court were dominated by broad constructionist liberals (jurists who believe the Constitution should be interpreted as being very flexible). Nixon generally did not agree with this view. He wanted to change the nature of the Court by appointing constructionist judges, or judges who believed in a very strict and conservative interpretation of the Constitution.

Nixon's opportunity soon presented itself when Earl Warren retired as chief justice. Nixon replaced him with Warren Burger, a distinguished jurist with a conservative reputation, especially in criminal cases. At about the same time in the spring of 1969, Justice Abe Fortas (Lyndon Johnson's choice for the chief justiceship) resigned in the wake of allegations against him of inappropriate behavior. Thus Nixon was given a second chance to appoint a justice to the Court very early in...

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